A divorce in Tennessee must be filed either as contested or uncontested. In a contested divorce, spouses still have matters that they cannot resolves on their own, requiring a family court judge’s involvement to make the decisions. In contrast, an uncontested divorce occurs when both parties agree on all terms. Whether someone should file an uncontested or contested divorce will depend on their own unique circumstances. As such, if you are contemplating a divorce, it is always recommended to consult first with a qualified Tennessee divorce lawyer to help you understand your options and guide you toward the best filing strategy for your situation.
Contested Versus An Uncontested Divorces in Tennessee
Contested and uncontested divorces in Tennessee vary significantly, each with its own set of implications for the individuals involved.
A Contested divorce is one where the parties involved are unable to reach agreement on one or more issues, such as division of marital property and debts, spousal support, child custody, child support, visitation, etc. As there is no possibility of reaching mutual agreement, the parties will need to go to family court to have a judge to make the decisions for them.
In some cases, couples struggle to reach an agreement due to genuine differences in perspective. They may be trying to work it out but simply cannot agree due to various reasons. However, when one spouse is acting in bad faith or deliberately being uncooperative, the divorce can become significantly more difficult. If your ex is intentionally complicating matters, you are probably facing a contested divorce that requires the guidance of an experienced attorney to protect your interests.
An uncontested divorce, on the other hand, is possible only when both parties can reach mutual agreement on all issues following their split. In these cases, it is best to have an attorney to write down the terms of your legal agreement and the judge will most likely sign off on what you agreed to. This makes the divorce process faster, simpler, and typically less expensive. For this reason, uncontested divorces are generally preferred, as contested divorces often take longer to resolve, can be more complex, and tend to be more expensive. However, in some situations, a contested divorce may be unavoidable.
Working with an experienced divorce attorney helps ensure that the path you choose aligns with your specific circumstances and meets all legal requirements. Professional guidance can prevent costly mistakes during what is often a complicated process. For these reasons, it’s highly recommended to speak with a divorce attorney before filing for a divorce in Tennessee.
Collaborative Divorce Not Involving the Courts
Collaborative divorce offers an alternative where parties have issues that they must resolve, but they do not want to go to court. Both spouses want to have the power to decide their own resolution, rather than gambling and allowing a third-party judge to dictate the outcome. In a collaborative divorce, all parties, along with their attorneys, commit to resolving any issues through cooperative negotiation, working together to reach a fair and mutually acceptable agreement on key matters such as property division, child custody, and support. In a collaborative divorce, while your issues will not be litigated, you will still need to make sure things are legal and done the proper way. With the support of a Connecticut family law firm, you can navigate this cooperative approach with confidence and clarity.
Contact A Tennessee Divorce Attorney to Protect Your Rights
If you are considering a divorce, you are not alone. The unfortunate truth is that almost half of all marriages will end up in divorce. At J. Ryan Johnson Law, we understand the emotional and financial demands of going through a divorce. That is why we used our legal expertise to solve your family law your family law matters with solutions that serve your best interests and minimize stress for you and your family. Contact us today to schedule a consultation to determine the best way to move forward with your Tennessee divorce.